[2024] KEHC 7428 (KLR)
The court determined that a fair resolution of the pending application requires a full accounting of payments made by both parties towards the minor's school fees, as per the court's prior orders. Only after the Deputy Registrar has taken and considered all relevant documentary evidence from both parties, and...
Source-derived case information.
- Citation
- [2024] KEHC 7428 (KLR)
- Parties
- Applicant: MiNN; Respondent: JMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E024 of 2020
- Procedural Posture
- Miscellaneous Application / Directions
- Outcome
- Matter referred to Deputy Registrar for taking of accounts; further directions to follow upon receipt of Registrar's report.
- Judges
- HK Chemitei
- Legal Topics
- Child Maintenance, School Fees Disputes, Accounting of Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
MiNN
Applicant
JMM
Respondent
Procedural Posture
Miscellaneous Application / Directions
Legal Issues
- 1 Whether the parties have complied with previous court orders regarding payment of the minor's school fees.
- 2 Whether an account of payments made towards the minor's school fees should be taken before further determination of the application.
Ratio Decidendi
The court determined that a fair resolution of the pending application requires a full accounting of payments made by both parties towards the minor's school fees, as per the court's prior orders. Only after the Deputy Registrar has taken and considered all relevant documentary evidence from both parties, and reported back to the court, can a substantive determination be made. This approach ensures transparency, compliance with previous orders, and the best interests of the child.
Court Disposition
Matter referred to Deputy Registrar for taking of accounts; further directions to follow upon receipt of Registrar's report.
Orders
- Both the Applicant and the Respondent shall appear before the Deputy Registrar within 14 days from the date of the order.
- The Deputy Registrar shall take and consider any documentary evidence presented by each party regarding payments of fees due to Nairobi Academy, including any arrears.
Full Case Text
Judgment text and source record
21 paragraphs
MiNN v JMM (Miscellaneous Application E024 of 2020) [2024] KEHC 7428 (KLR) (Family) (20 June 2024) (Directions)
Neutral citation: [2024] KEHC 7428 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E024 of 2020
HK Chemitei, J
June 20, 2024
Between
MiNN
Applicant
and
JMM
Respondent
Directions
1. The court has perused the application dated 21st December 2023 brought by the applicant.
2. The court has also perused the rival affidavits in support and in opposition to the said application. The court has perused the record and it notes several applications which have been decided in favour or against either of the parties.
3. The current pending application can only be decided in my view after taking of accounts. It is necessary therefore to refer this matter before the Deputy Registrar of this court where both parties shall appear to present evidence of payments of the minor’s school fees pursuant to the orders of this court dated 5th March 2021.
4. This court shall thereafter be in a position to make further determination or direction regarding the application at hand.
5. In the premises it is directed as follows:-(a)Both the Applicant and the Respondent shall appear before the Deputy Registrar of this court within 14 days from the date herein.(b)The Deputy Registrar shall take and consider any documentary evidence presented by each of the parties exhibiting payments of fees due to Nairobi Academy by either of the parties. This shall include any arrears if any.(c)The Deputy Registrar shall be at liberty to demand further documentary evidence, if need be, from the parties.(d)The Deputy Registrar’s finding shall be forwarded to this court within 14 days thereafter for further directions.(e)This matter be mentioned on 24th July 2024 for further directions.
Dated signed and delivered at Nairobi via video link this20th day of June 2024. H. K. CHEMITEIJUDGE